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New York Personal Injury FAQs

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If the insurance company and injured party cannot come to an agreement, and a lawsuit is needed to determine the amount of compensation, the award will be determined by a jury after a trial. The damages awarded will be highly dependent on many factors and will vary greatly from case to case.

In most cases they will give you those funds. However, they can refuse to pay out any of it if there’s clear proof that you were driving under the influence of either drugs or alcohol at the time of the crash. Likewise, if they can prove that you were in the process of committing a felony at the time of the accident, your insurer will use that as a valid reason for not paying out your PIP funds.

One of the most common element of damages is compensation for conscious pain and suffering including past and future. In addition, damages may also include medical bills, property damage such as that to an automobile in a car accident, lost earnings which are economic damages, and sometimes emotional trauma resuling from a personal injury.

If you can prove liability, meaning the 7-11 was at fault for your slip and fall then you can recover past and future conscious pain & suffering which is usually the largest portion of a settlement.
In addition you can recover past and future medical expenses, lost wages, and other economic damages.

From what you described it does sound like it could have been negligent assembly and set up of the bed because beds should not ordinarily collapse when they are being moved just a little bit.
You should contact a local personal injury lawyer to investigate, take photos, measurements, and help prove the case.
The two elements are liability or your proof that the furniture company was at fault and damages or your proof of your injuries.
Our firm has handled similar cases in the past including one where a client rented furniture and the delivery guys knocked something over while carrying a couch causing an injury to our client. Im sure there are other precedents in the case law where plaintiff’s recovered in similar situations.

If you are in so much pain you could not go back to work, contact a local personal injury lawyer immediately. Do not try to settle it on your own. Insurance companies low ball plaintiffs who handle cases on their own. I have been told by clients adjusters have called them before they retained us and offered $100 – $500 range to settle. The difference in the outcome can be tremendous especially if you have serious symptoms and will get medicare care.

While we always make early efforts to settle each claim, we cannot responsibly do so until you have reached a status known as maximum medical improvement (MMI). Until that time, no one can accurately evaluate the full, true value of your case. Since this can take months, patience is crucial during these earlier stages. And daily diligence on our part is equally important.

Once we receive each treating doctor’s final records (clearly detailing all your recent injuries and treatments) – and document all permanent injuries and likely future medical needs — we can move forward in our negotiations. We will fight hard to settle for the maximum compensation available. Our firm never wants any insurance company adjustor – or trial jurors to underestimate the full value of your case.

It is during this important and sometimes lengthy phase that we make written demands for documents and answers to stated questions (interrogatories). We may also request the right to depose (question under oath) the defendant and all relevant witnesses.

We make these requests to learn everything the insurance company and their lawyers are legally required to reveal about the case they are building against your claim. They in turn make similar demands of our firm, requiring us to carefully review all your medical reports. They may also request your deposition.

If they ask to depose you, rest assured that we will fully prepare you for that event – and be sitting there with you throughout that process. If you tell the truth, you should do fine. The other side may also request the right to depose one or more of your doctors. Witnesses to key events may also be deposed. Depending on the complexity of your case, the discovery phase may last between six months to a year (possibly longer if unexpected events or complications develop).

Yes. Yet please remember that we always continue to try and settle your case, regardless of the status of your lawsuit. Keep in mind that well over 90% of personal injury lawsuits are settled. However, in some cases, a court may ask us to go through a mediation process. This involves a third-party mediator trying to help us (and the attorneys for the defendant) find common ground so we can settle.

Yes, either your attorney or the paralegal assigned to your case will always keep you updated about your case status — and you are free to call or email us when you have questions. Do keep in mind that trial dates are sometimes moved due to conflicts that cannot always be avoided. As soon as we learn about a new date, we will tell you about it.

Once the actual trial begins, it could last just part of a day – or a week (sometimes longer). Since the lawyers for both sides are fully aware of the main arguments that will be presented, this helps us limit the time required. Of course, if you had to undergo multiple surgeries and complex forms of different types of rehabilitation, many more potential witnesses may be involved.

Also, depending on the nature of your case, we may hire expert witnesses to help us bolster your claim. These may not only be medical experts – they might also be highly experienced engineers who can help the jurors by providing accident reconstruction models. Other experts specialize in analyzing all your injuries and coming up with economic projections about the cost of all future medical care you may need over your lifetime.

Our lengthy experience handling many different types of serious personal injury cases helps us determine the precise amount of outside help that may – or may not – be required. We take our responsibility to win the maximum compensation available for you very seriously.

Symptoms and long-term deficits can vary greatly. However, a fair number of TBI survivors may struggle with diminished motor capabilities – problems getting around on their own. These difficulties may be temporary or permanent. You may also have trouble sleeping during different phases of your recovery and treatment. Some survivors also develop depression as they confront the reality that certain changes or losses may be permanent.

Secondary injuries can also develop in the form of seizures. If these start, you will need to consult with a qualified neurologist to bring them under control. Although it may seem rather intimidating to adjust to all these physical and cognitive changes, you may be surprised by the number of kind people and local support groups happy to help you redefine your daily life activities and goals. If you cannot readily locate one – you can always ask someone at your local hospital (or place of worship) if they would be willing to let you and others battling serious illnesses and disabilities meet there regularly.

It’s often a good idea to contact a social worker at a local hospital to help you arrange special transportation to and from medical appointments. Fortunately, many rehabilitation groups will provide you with transportation if you live in a large metropolitan area. As your condition improves, you may soon want to take part in NY Brain Injury Association activities.

Yes, it often is – that’s why we do all we can to negotiate the highest possible settlement amount for you – or take your case to trial. You’ll need help covering not just past and present medical expenses – but also all your future medical needs.

Physicians view all brain injuries as serious matters. However, after your doctors have observed your behavior and examined your test results, they may note that you are suffering from either a mild traumatic brain injury (MBTI) – or a more moderate or severe case. Each of these designations refer to your level of cognitive impairment or ability to think clearly and easily communicate with others. Those coping with lighter cases may only suffer temporary problems like minor headaches, special sensitivity to light and sound, depression and a limited degree of memory loss.

Patients coping with more moderate cases may experience problems moving different limbs. The most serious cases often involve patients who are in a vegetative state or a coma.

Always keep in mind that even those initially thought to only have minor TBI symptoms can develop much more serious problems, including seizures, in the near future or at a much later date.

Concussions: These commonly cause survivors to briefly lose consciousness, become disoriented and confused — or suffer temporary or more lasting memory loss.

Skull Fractures: Signs of this type of injury can include: bruising, bleeding, and swelling – although they may not be visible. Permanent brain damage (or even death) can occur after the most serious skull fractures – especially when they aren’t promptly evaluated.

Intracranial hemorrhage: Tests are often run to determine whether TBI patients have developed any bleeding inside their skulls that may also involve blood clots.

Cerebral contusions: These types of injuries often result in both memory or attention difficulties.

These are just some of the many types of traumatic brain injuries that people may suffer following different types of serious blows to the head.

They occur constantly in everyday life. The Centers for Disease Control and Prevention (CDC) says that close to https://www.cdc.gov/traumaticbraininjury/get_the_facts.html”>30% of all injury deaths involve TBIs. Those most likely to suffer this type of injury are children age four or younger, teens between ages 15 and 19 – and adults over the https://www.cdc.gov/traumaticbraininjury/pdf/bluebook_factsheet-a.pdf”>age of 65. Nearly half a million emergency room visits are made each year after infants and children up to age 14 suffer head injuries. However, the largest number of TBI-related trips to ERs are made by those age 75 and older. Recent years have seen a definite increase in these types of accidents. In fact, during 2013, https://www.cdc.gov/traumaticbraininjury/get_the_facts.html”>falls alone led to 47% of all TBI-related trips to emergency rooms – many of which resulted in hospitalizations (or death).

People frequently suffer this type of injury due to falls, motor vehicle accidents, assaults, being hit by heavy objects, specific types of medical malpractice – or when fighting in military war zones.

A TBI is usually described as any forceful blow to the head – or a serious jolt or bump to it – that’s strong enough to interfere with normal brain functioning. Even shaking someone hard by the shoulders can cause a TBI in some situations.

An EEG, is a medical test used to measure the electrical activity in the brain. However, the electrical firing of the brain may be normal at the time when the EEG test is taken prompting a doctor to order a 24 hour continuous EEG or further medical testing.

Yes. Usually a seizure will start in a specific location within the brain and then it may or may not travel to other areas of the brain.

What is Grand Mal seizure?
When a seizure starts in one part of the brain and then spreads to other areas of the head, it is called a generalized or grand mal seizure.

What is a partial seizure?
A seizure where only a small area of the brain is affected.

A seizure disorder or epilepsy can develop at any time following head trauma ranging from immediately after an accident to one day, a few weeks, or even more than one year later.

Epilepsy is a recurrent condition of seizures. It is used to describe when someone has multiple seizures.

A seizure is an explosion in the brain. A person’s cerebral activity is regulated by electrical impulses which are sent when the nerves in the brain fire charges that pass from one nerve cell to another. When a seizure occurs, the nerve cells cease to fire properly and instead fire with sudden, short and intense energy.

More info on our Youtube Channel: 

More info on our Youtube Channel

Our firm will handle your brain injury action without any payment of attorney’s fees from our clients. We handle matters with a contingency fee arrangement which means that our firm will receive a percentage of the recovery we are able to obtain on behalf of our clients. The fee to the lawyer is dependent or contingent upon a successful resolution of our client’s case and is paid at the conclusion of the case. The New York Appellate Division has approved a 33 and 1/3rd percentage contingent compensation for personal injury matters.

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If you signed a retainer agreement with the lawyer that visited you then they took your case. Some retainers are subject to investigation meaning they may decide not to take the case later on but they would definitely inform you of this in writing. If you didnt sign anything and they just visited you, then you should call them to discuss the status and next steps.

If you have a clean record without any recent accidents, most insurance companies will want to keep your business and avoid raising your rates.
However, they may raise them to some extent if you need to access all or most of your PIP insurance. Of course, what’s most important is obtaining all the funds you require to get the medical treatment you need and enough to either fix your car or purchase another one.

You can file an uninsured motorist (“UM”) claim against the motorcycle’s (your own) insurance. You should have a portion of your insurance marked as UM with policy limits for this type of coverage. A UM claim is usually resolved via arbitration.

If you have a clean record without any recent accidents, most insurance companies will want to keep your business and avoid raising your rates. However, they may raise them to some extent if you need to access all or most of your PIP insurance. Of course, what’s most important is obtaining all the funds you require to get the medical treatment you need and enough to either fix your car or purchase another one.

New York law entitles you to recover for:

(1) all your past and future medical expenses incurred directly due to the accident;

(2) all lost wages;

(3) your pain and suffering;

(4) all rehabilitation expenses; and

(5) all other out-of-pocket expenses like transportation costs for getting to and from all medical treatment and rehabilitation appointments. Depending on the specific facts of your case, your New York City personal injury attorney will tell you if you’re eligible to recover any other types of compensation. (For example, if this case was filed after a close family member died due to the accident injuries, you should also be able to recover for all reasonable funeral expenses).

A large percentage of our caseload involves personal injury car accident cases. Over the years, we’ve developed the experience required to negotiate the maximum amount of compensation available in car collision cases. We hope you’ll visit our “Verdicts and Settlements” page to learn more about how much we’ve won for other car accident victims. After fully investigating your case, we’ll then aggressively negotiate with the other driver’s insurance company on your behalf. If necessary, we’ll then file a lawsuit and fight in court to win a jury award that will fully compensate you for all your losses.

No. Do not speak at length with them. Instead, tell them they must directly contact your lawyer. Most of those types of calls are taped and you’ll usually be asked misleading questions in hopes that you’ll admit or imply that you may have caused the accident.

If possible, obtain a copy of the police report that documents your accident. It’s always best to call the police and politely insist that they come to any accident scene so they’ll create a formal record of what happened. When they arrive, they may take photographs and ask you and the other driver questions about what caused the event.

For health reasons, you should always immediately go to an emergency room to have your condition fully evaluated. People are often in shock after an accident and may be unaware of all the serious whiplash and other injuries they have incurred. The X-rays and other tests run will also help us later document that all your current physical complaints and injuries were directly caused by the car accident. Waiting even a few days makes it easier for the other driver’s insurance company to claim that at least some of your current physical ailments may be due to another intervening event or accident – perhaps even one when you weren’t the driver.

If your car was not totaled and if you were carrying collision insurance on the vehicle at the time of the accident, you should be able to get your insurance company to fix it after paying any applicable deductible. We will also put you in touch with an agent with the defendant’s insurance company to see what they will offer you to fix your vehicle.

While we respond compassionately to all potential clients when they first contact us, we will need to evaluate the facts of your case to help you determine the likelihood that you can recover for most of your injuries and losses. For example, some clients come to us who believe that they are likely to be found at least partially liable for the accident. When that happens, we must then explain how New York’s comparative negligence law affects a partially liable plaintiff’s potential compensation.

As for a more specific explanation of how insurance companies and others classify injuries as “serious,” we can tell you that the following results of an accident are nearly always viewed as serious.

Any loss of life
Amputation injuries
Disfigurement – especially the type that may require long-term corrective surgeries
Permanent disability. This is usually based on one or more major body part injuries – or damage to internal organs or systems (like the central nervous system)
Significant loss of bodily functioning – usually long-term or permanent Injuries so severe that the accident victim can no longer do any type of work – or handle any similar types of activities – like they could prior to the accident. This often means that the person may need to simply adjust to a far more sedentary life in the future.

Get out of Your Car and Call the Police ! Leaving the scene of an accident is a crime! If anyone is injured, dial 911 for an ambulance. Ambulance EMS personnel and police usually arrive together.

Don’t move your car unless you have to because of danger. The position of a vehicle after impact will allow the police to better understand who was at fault.

Exchange driver’s license, registration, and insurance information with the other driver. If the police arrive, they will take insurance information from each motorist separately and enter the information on a police report. You should obtain the police officer’s precinct, badge #, and accident report # . However, if police do not arrive ask the other driver for 1) drivers’s license 2) vehicle registration 3) insurance card. If they refuse, write down their car’s LICENSE PLATE number and STATE.

Do not make any statements to the other driver. Try not to argue even if the other person starts an argument. You can explain your version of what happened to the police officer.

Attempt to obtain the name, address, and telephone number of any eyewitnesses who saw the accident take place.

Go to the hospital or to your primary care doctor. Tell the doctor every complaint and symptom so everything is documented. Often times an injury will develop weeks or months later and insurance company’s often argue the injury is unrelated if the patient did not complain about it at the hospital emergency room.

Call your insurance company and let them know you’ve had an accident. Failure to do so timely may allow them to disclaim coverage, meaning they will refuse to pay for the claim.

Take photographs of the position of the vehicles, damage to the cars, skid marks, and of any visible injuries.

If you think the other driver is drunk, tell the police officer and ask him to administer a sobriety test.

Call the car accident lawyers at Frekhtman & Associates for a consultation. We want to help you and all of our services are free of charge. The legal fee is a percentage of the money we win at the end of the case.

If you take it to trial and obtain a verdict over 25k you get the 25k from insurance and then any amount in excess would come from the defendants (owner and operator of the vehicle). But your lawyer can investigate the assets of these individuals to see if they have anything you can collect.

Also if the vehicle was being operated in the course of the drivers employment you can sue the employer and they may have other insurance coverage.

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New York State has a law making it mandatory for all motorcycle riders to wear a helmet. This includes motorcycle operators and passengers. Wearing a helmet will provide added safety protection and reduce the risk of serious injury or death.
A National Highway Traffic Safety Administration study confirmed that of the all motorcycle riders killed in accidents that did not hear a helmet, nearly 40% of those deaths would not have occurred had they been wearing a safety helmet.

For personal injury actions, the statute of limitations (SOL) is three years from the date of accident/injury. For cases involving the City of New York, New York City Transit Authority or other municipalities, a Notice of Claim must be filed within 90 days of the accident and a injury lawsuit filed within 1 year and 90 days. For wrongful death, the time limit is 2 years from the date of death. For medical malpractice, the time limit is 2 years and 6 months from the date of the malpractice. Of course you should consult with an experienced attorney as there are other time limits and sometimes certain tolls which extend the statute of limitations.

Recent studies indicate that about one million hernia repair operations are performed annually in this country. Roughly 800,000 of those surgeries are due to inguinal hernias – the type involving the inner groin area. With some hernias next to the abdominal wall, the bulging signs of the hernia are visible to others when the afflicted person physically strains to handle a demanding activity.

In general, a hernia develops when fatty tissue (or a part of an organ like an intestine) pushes its way through a weakened area in connective tissue or a surrounding muscle. Once this type of condition worsens, surgery is often required. Unfortunately, many of these operations are not successful due to defects in the mesh implants.

Patients can develop many serious complications and new sources of pain and injury. Here is a short list of these general complications.

Signs of renal failure
Internal organs can cause pain because they were perforated by defective implants
Abdominal ulcers
Chronic pain
Allergic reactions to the materials used to create the implants
Fistulas can develop in the intestines
Unexplained bleeding
Nerve damage
The implanted mesh product may stop working – and there may be signs that the product is wearing away or migrating
Surgical adhesions can develop
Some degree of sexual dysfunction may occur
The hernia problem may reoccur – requiring additional, corrective surgery
The person’s bowels may become obstructed or perforated. The FDA has stated that this particular complaint has been mostly caused by (defective), recalled mesh products.
Various infections can develop, often tied to one or more of the problems already noted above in this list.

While this list is not intended to be comprehensive, it does indicate many of the complaints our hernia mesh product clients often tell us about – or we find described in their medical records.

1. Johnson & Johnson’s Ethicon Physiomesh implant. At one point, J & J issued a “market withdrawal” of this product. Over a lengthy time period, the FDA received numerous, adverse medical reports – clearly indicating major patient complaints after their surgeons used this product. In one of the cases documented by the FDA, a patient who underwent an open incision hernia repair, had to undergo a second, corrective surgery. During that follow-up procedure, it was discovered that the implanted Ethicon Physiomesh product had “come apart and unraveled” in the patient’s body. Some sources indicate that at one point, the FDA received hundreds of adverse medical reports a month due to the use of this product.

2. The Atrium C-Qur V-Patch. In August 9, 2013, the FDA issued a Class 2 Recall for the C- QUR V-Patch Mesh. This product was intended for use by surgeons “to handle soft- tissue deficiencies.” The product’s manufacturer was Atrium Medical Corporation, located in Hudson, New Hampshire. Atrium’s stated reason for recalling this device was that the coated mesh might stick to the inner box packaging if it were later stored in high humidity conditions. (Manufacturers’ stated reasons for recalling a product appear to often be worded in the most legally neutral terms possible). As a result of this given concern, the FDA initially categorized this problem as one involving package design. However, on February 4, 2015, the FDA obtained an injunction against Atrium – which led to a production halt on all these recalled, hernia mesh products. Depending on the specific facts involved, our firm may choose to accept cases related to other defective, hernia repair products. We always carefully review the surgical records of each prospective client who meets the other criteria set  forth below.

1. The potential client must have undergone hernia repair surgery since 2010 that involved using one of the hernia mesh products named above – or another similar product that is currently among the types of hernia mesh lawsuits our firm still chooses to handle.

2. Painful or other difficult complications occurred due to the hernia implant used and the patient’s doctor recommended surgery to try and correct the problems.

3. Either the corrective surgery revealed defects in the implant already used – or the surgeon could not correct all the damage caused by the implant.

4. Our review of the prospective client’s medical records reveals the name of the hernia mesh implant manufacturer and indicates the product number and other classifications we need to find. For example, if the product was an Atrium C-Qur V–Patch, it might be classified as “Mesh, polymeric, surgical” and be stamped with a specific product code.

5. The potential client is still experiencing painful medical symptoms that are due to the implant that was originally used. And all attempts to heal the pain and symptoms have provided limited relief. Once a potential new client has met these qualifying criteria, our firm then completes our investigation and files a lawsuit on that person’s behalf.

Yes, your attorney and assigned paralegal will be in touch with you regularly. You are also free to call our office with any questions you may have. We make it a point to be as compassionate and caring as possible when interacting with all our clients.

Your assigned attorney, paralegal, and other support staff members will always be available to answer any questions that you have over the phone or via email. While there may be times when we are waiting to receive information from other parties, we are fully committed to keeping you informed about all major aspects of your case.

While some cases are very straightforward and the defendant truck driver’s liability is clearly 100% — it often takes time to fully discover all the facts pertinent to any one case. For example, in addition to determining each party’s potential liability for an accident (you can still usually recover compensation when liable for only a small percentage of an accident), we must review all pertinent state and federal laws that govern commercial truck drivers – so we can be sure to plead all pertinent violations that the truck driver may have been committed that impact your case.

Please know that our entire team of lawyers, paralegals, experts and others are always eager to help you recover for your losses as soon as possible. Yet it’s important to keep in mind that insurance companies often stall the process – frequently hoping that an accident victim will accept an early low settlement offer when they know the facts justify a much larger one. We will do all we can to move your case along as promptly as we can.

No fully trustworthy lawyer can tell you this right away. It takes a bit of time to fully investigate the facts of a case and fully review all the medical records. We must also wait until your treating physicians have determined how much more treatment you may need in the future – so we can properly estimate your long-term medical expenses and other losses. However, please know that we will be ready to discuss with you how similar cases have been resolved in the past – with the understanding that every case is different. Some truck drivers’ insurance companies fight very hard to avoid paying very much to accident victims. Nevertheless, we know how to use the facts of each client’s case to the best advantage.

You will only owe us legal fees if we win your case – and we will subtract our legal fees and costs (these are all fully explained in our initial contract with you) from any lump sum awarded to you. We will be covering the costs of the lawsuit for you before it’s settled or before we try to win it in court. Once you receive an award, then we’ll recover all our fees and expenses.

Being paid in this manner involves signing a contingency fee contract. We’re glad to do this for clients once we accept their cases since we know that most injured people cannot afford to pay us until their cases have been successfully resolved.

Like most states, New York has a statute of limitations that dictates the timetable for properly filing this type of lawsuit. In general, an injured party has three years to file from the date of the accident. However, if your loved one passed away in this type of accident, you will need for us to file a wrongful death lawsuit on your behalf – this type of case must be brought within two years from the date the injured party dies (directly due to injuries caused by the accident.

There’s still another filing deadline that may apply – if you were hit by a truck that is owned by a city or other government entity – you may be allowed even less time to file your truck accident insurance claim. Your lawyer can readily explain which deadline applies to your case during your initial consultation.

At trial, you and your lawyer will need to show two things:
Liability – who is at fault? The legal jury will assign a percentage of fault to each party. For example if two cars collide with each other and each driver says the other ran a red light the jury can sometimes believe one side and say driver was 1 was 0% at fault and driver 2 100% or they can split it 50-50 or any other degree of fault.

Damages – injuries or losses resulting from the accident. These include showing a medical diagnosis of injury, a prognosis of how the injury will affect you in the future, and several other types of damages such as loss of earnings, wages or future medical expenses and care.

If you suffered an injury to your person which was because of someone else’s fault or negligence, you will usually have a case. However, there are many factors that need to be considered. That is why contacting an attorney and describing what happened is the best way to find out. We offer a free consultation at (866) ATTY – LAW.

After we have fully investigated your case, reviewed all your medical records, and made every effort to settle your claim, we will file your lawsuit. Just prior to filing it, our staff may call you to ask additional questions so we can be sure to fully describe all the most relevant aspects of your claim.

Once we have all the most critical facts available, we can then make every effort to convince the court in our pleadings that you deserve the full amount requested. Always keep in mind – as is expertly captured in the film, A Civil Action — that settlement and negotiating efforts continue throughout our presentation of your case in court. Insurance companies often become very worried when they can visually see juror reactions to the strong evidence that we are presenting on your behalf. In fact, they often become afraid that if they fail to settle right away, we will win a far higher verdict than any settlement amount they have already offered.

Our firm always calls clients to let them know when their cases have been filed — and we readily answer any questions they may have about what to expect next. Please do keep in mind — you will not owe us anything while we are preparing, presenting, or negotiating your case. It is only after we have won your case that we subtract all court costs and our legal fees from the funds we have won on your behalf. We then present you with a check containing the full balance of the settlement amount (or verdict) owed to you.

Yes, and we will communicate all settlement offers to you.  And should the case proceed all the way through, we will make every effort to obtain a check for the full verdict (or settlement) amount as quickly as possible. We then add up all our legal fees for preparing your case and all court costs. We then cut a check for the balance to you — so you and your loved ones can use the funds to start rebuilding your lives.

Please remember that this is not just a job to us – we really care about helping people. And if you believe that we’ve done a good job handling your case, we would appreciate it if you would refer your family and friends to our law firm — should they ever need any legal help in the future.

If you’ve been seriously hurt due to any type of vehicle or work accident, please contact our New York City personal injury law firm right away. We will then diligently investigate all the facts of your case and then fight hard to obtain the maximum compensation available on your behalf. Our firm takes great pride in trying to secure enough money so you can fully recover from all your pain and suffering, lost wages, medical expenses, and other losses.

You can receive compensation if you’re injured due to someone else’s fault (negligence/recklessness) where damages cover medical bills, lost wages, and subjective factors like pain & suffering, but the extent depends on the severity (e.g., permanent disability, disfigurement, impact on life) and proving the other party’s liability.

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Every case is different. Some clients require lengthy medical treatments, followed by extensive rehabilitation therapy. We must wait until these are over so we can properly assess the full extent of your injuries and expenses. Only then can we develop a comprehensive settlement request to send to the other driver’s insurance company.

However, please know that we’ll move forward as quickly and efficiently as we can with your case. We understand that you’re eager to either return to work or resume the everyday tasks and duties you found most meaningful before you were injured. Feel free to stay in close touch with our office so we can regularly update you on the status of your case.

We will seek to have you fully compensated for all past and future lost earnings, your pain and suffering, your medical bills – and for all your future medical care and needs. You may want to review our Verdicts and Settlements page to learn more about the generous settlements and trial victories we’ve achieved in the past for many of our clients. We will do all we can to make sure your needs are fully addressed.

Our firm has a highly responsible support staff of paralegals and other professionals who will stay in touch with you to be sure we’re receiving complete copies of all your medical records and bills. We will then handle the interactions with the healthcare providers who are treating you for all your injuries – knowing that they may not be paid until your case is successfully resolved.

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About fifty thousand motorcycle riders are injured each year in the United States of America with two thousand riders killed as a result of motorcycle accidents.

Road rash, head injury, disfigurement, and injuries to the biker’s arms and legs are most common motorcycle injuries.

However, please know that we’ll move forward as quickly and efficiently as we can with your case. We understand that you’re eager to either return to work or resume the everyday tasks and duties you found most meaningful before you were injured. Feel free to stay in close touch with our office so we can regularly update you on the status of your case.

A severe head or brain injury is the most common cause of death after a motorcycle crash.

Always use all safety equipment such as helmets, gloves, eye protection, motorcycle jacket, and proper boots. Obey all traffic rules, be aware of what is going on around you, and practice safe defensive driving.

Get medical help by going to the hospital in an ambulance if you are injured. If the injury is less severe, go to an urgent care or to your primary doctor. Make sure to contact the police so a report of the incident can be made.
Contact the motorcycle accident lawyers at F&A for a complete and thorough investigation into your accident.

Yes, injured motorcyclists in New York State may be able to obtain monetary compensation for their injuries, medical bills, lost wages, and other damages. The first question is who is at fault. If the motorcycle rider can prove the other vehicle was at fault, then he or she stands a strong chance of receiving compensation for their damages.
There are many short deadlines and complex legal issues, therefore it is best to speak with a New York Motorcycle accident lawyer as soon as possible after an accident.

Yes, wearing a helmet will not prevent you from recovering compensation in a motorcycle accident case especially if you were not at fault.
For example, a car that strikes a helmetless motorcycle rider in the rear will still be liable. However, the amount of damages received may be reduced by failure to wear a helmet which defendant’s will argue could have prevented the injuries.

There are a number of factors that can contribute to a motorcycle accident. Some of the most common types of accidents happen with other motorists fail to observe a motorcycle due to poor visibility, lack of attention, lane splitting or lane sharing, or other reasons. Defective roadway conditions and bad weather also play a role in motorcycle crashes.

Avoid dangerous activity such as tailgating vehicles or following too closely. Maintain safe speeds and obey the speed limits. New York State law requires motorcycle riders to wear a helmet and for motorcycle headlights to be turned on at all times to improve visibility. The State of New York offers a safety program for motorcycle riders.

You can receive compensation for different categories of damages including:

Past & Future Pain & Suffering
Lost Wages
Medical Bills & Related Out of Pocket Expenses
Property Damage to your motorcycle
Cost of Future Medical Care including physical therapy, surgery, and others

Usually the car that makes the left turn will be at fault because there is a duty to observe traffic and not to begin turning unless it is safe to do so. If the car turning left had a left turn arrow then liability would be unclear but this would mean the motorcycle would have a red light.

You must always first check to see what injuries you and any other passengers in your vehicle have sustained – and then call 9-1-1 to have an ambulance sent to your location. Also ask the operator to send the police – and ask them when they arrive to file a report.

If your own injuries are not too severe, you should then obtain all pertinent driver’s license and car insurance information from every other driver involved in the accident. Be sure to write down each driver’s name, the state which issued their driver’s license – its number and expiration date. You must also write down the name of each driver’s insurance company, the policy number, and the phone number of that insurance company.

Make sure to also write down the driver’s home address and phone number. Even if the driver claims to be self-employed, you still need the name of the company that the truck driver was working with while hauling goods or driving an empty vehicle. Also ask for that truck company’s insurance company name, policy number, and address. If the driver claims to not have this information, make sure you can call him later at home to obtain that information. Always write down any company name on the truck and the license plate number and issuing state.

Take photos of the accident scene, concentrating on showing were each vehicle ended up immediately after the accident – before being towed away. Also, be sure that someone takes photos of your injuries on that same day and keep those photos in a secure place.

Look for accident witnesses. While standing apart from any other drivers or passengers, ask these individuals for their contact information, telling them that you would greatly appreciate having them speak to your lawyer on your behalf.

Move away from the accident area as soon as possible with all passengers able to also do so without further harming themselves. If an ambulance doesn’t arrive soon, call 9-1-1 again and ask the operator to request one again.

One general warning: Do not provide an oral or written statement about the cause of the accident to anyone – except the police. When talking to them, try to do so out of earshot of any of the other drivers. Just tell the truth, without volunteering any more information than is requested.

Call your New York City personal injury attorney on the day of the accident if you can – this allows us to send someone out to take additional photos of the accident scene – hopefully before everything has been cleaned up or moved. You can personally call us from the hospital – or ask a family member to contact us.

Once you’ve made sure everyone who needs medical car is receiving it, you’re free to leave the area. Of course, you should also call a tow truck (unless someone else has handled that for you because you had to be rushed to the hospital).

These types of accidents often involve far more serious physical injuries due to the weight of many large trucks and big rigs – and the high speed at which many truck drivers travel. We also find that most truck drivers – even the small percentage who are independent contractors – work with trucking firms that employ high sophisticated legal teams to trying and discourage all accident victims from pursuing full compensation.

Trucking firms know that they will likely face a certain number of accident claims each year and they’re very aggressive in how they try to frustrate injured party’s claims. Of course, some of these same tactics are employed when both drivers were in passenger vehicles. However, far more money is potentially at risk in the cases involving truck drivers since they are required to carry far higher insurance coverage amounts, often based on the nature of the goods or substances that they are transporting.

It’s always best to hire an experienced New York City personal injury attorney to help you handle your truck accident claim. We’re able to research all the state and federal laws that govern lawful truck driving activity and can make sure the driver who hit you was in full compliance with all applicable laws.

Our firm’s staff also includes investigators and experts who help us analyze the basic facts of your case so we can present a demand for full compensation to the liable truck driver’s insurance company. We want to help you recover for all your pain and suffering, lost earnings, past and future medical expenses, and other losses. Having an attorney advocate for you is also important since large trucking companies often try to make it very difficult to negotiate fairly with them. Our experience helps us negotiate properly with them and move your case along toward completion.

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Yes. Our New York City personal injury lawyers are experienced professionals who are fully prepared to file a wrongful death claim after a party has died as a direct result of injuries sustained in a collision with a large truck. In general, this type of case can be brought on behalf of any immediate family member. The deceased person’s estate can also usually bring this type of lawsuit under certain circumstances.

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